Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-07-14
INFoR NATION
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OWNERS AND LOcATops
s...oF....

APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
"neie papers have once been filed Win
,ntna - hecelVer they become a ma.
,stu,nsa - eau neither be withdraw j.
eral Land Once. 70 the Gen
a. aPPneauon will be rejected when thu
scr1pIon VI the premises is erroneous
cause: fcJected BE-
First The notice was published WITH.
knowledge of the ReRister. "i'noutthe
ond-I notice was not publishad
newspaper designated as pubiishednesre.,ss
Third-Record title was found as,.,...
Foursh--A previous application h,s 49,
made for the same premises, which w.. zen
drawn pending 9 suit in Court commsnosa ~
the adverse claimant. "
An application for patent will ha
when the survey does not accurately dss!oVSo
boundaries OF the claim. VIZ
Where the cisim was not located I'm se.o,,
anee with law. 0ora'
Where several parties own separate and A.,
tnct portions Of Q claim, sppiie.t,cr =.
patent may be made by either for tnst no,tsss
Of the claim owned by him but where soxsrsi
parties own undivided interests In . n,rs.a
claim all should join in an application for
patent.
a PCAo0h VI 6nnOClhlOu mhy nurchaan a
many placer locations rs the local law sdrni,s
and embrace them all In one application for
patent.
Two or more lodes cannot be embraced :,
one application for 3 patent except for ulses,
claims emorsefng two or more lodes within
their boundaries ~
Papers sworn 10 before any person pnynor,.
ing to act as g deputy for the Register and Re-.
ceiver cannot be recorded ~ evidences.
In all patents for mining claims situ.fad
within the interior boundaries OF q town sta
9 clause IL inserted excepting and excindins
all town property, rights upon the su,facs
and all houses, buildings, structures. LOLA
blocks, streets, alleys or other municfpal i'm
provements not belonging TO the grantee here.
in, and all rights necessary or proper 10 ne
occupation, possession and enjoyment Of the
same"
Publication of notice must be made n oniv
one newspaper for the period Of 60 dsya.
| Notice must be published 10 consecutiva
weeks in weekly newspapers, and in daily
newspapers 60 days must elspse between the
first and last insertions.
Where the Register designstes tn dsily fssps
Of Q newspaper fer publication of notices OF 1
| mining application for patent IL In mot 4 com.
plisnce with law 10 change 70 the weekly sdi.
zion Of the same paper without authority Of
the Register.
The existence OF q salt spring on q tract Of
land vtthdrsws Is from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the Agricultural
character Of such land 10 not lowed Land
containing valuable deposits OF slate may BE-
entered under the mining Acts.
ADVERSE oLAIxs.
Adverse claimants must ale q separate snd
distinct claim agAinst each application which
| 1t is alleged conflicts with the premises owned
by such adverse claimant.
| The pApef In an adverse claim, once fled,
cannot be Withdrawn, but becomes = part Of the
| record.
When an adverse claim has been hlsd IL can.
not be amended so as TO embrace . larger per.
ton Of the premises than thst d~escribsd 10 TIE
| original adverse claim.
An adverse clsim must be made oas IN
roper form and nied In the proper local o2es
during the period Of publication OF the spPl-
cation for the patent 10 be effective.
1t is the duty Of the adverse claimant o
commence suit in proper form within the re-
CURED time, and II he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delsy
ensne, through misfortune or accident. should
the failure to commence suit be the result OF
the cor rupt or dishonest action Of his ~sstsrney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the fscts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating the
facts specially, viii not be considered Ia evi.
dence.
An adverse claimant should show q compli-
ance with the local laws In recording his claim
and In regard to expenditures. aud shall tie .
copy Of the original notice OF his location, AID
show the nature or extent OF the conflict
alleged.
An allegation of parties to a suit that they
compose the company 10 sufficient, and taeJ
are not required TO prove that they are The
original locAtors or tins identical parties who
present the adverse claim.
A~sKrcuLruRAL Oh MINERAL LANDS.
Where land is Of little, II any value. for sgri.
cultural purposes, but is essential TO the
proper development of mining claims. 1t
should be disposed OF under the Mining Act,
Where lands containing vsluable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled ct any time
prior TO issuance Of patent, upon satisfactory
evidence OF the existence OF such vslHsble DO.
posits.
Whore valuable deposits of mineral are dis
covered upon q tract after the same iAs been
en- tered as agricultural. but before ! steni has
been issued. the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled %
that portion OF the land embraced BY said
mining claim.
where mineral deposlts are discovered on
Agricultural lsnds after the patent has been
issued 10 an Agricultural claimant, they pass
WIN tAC RosSA
Agricultural College scrip cannot be
ceived IN payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF IL. provided he becomes . citizen
before disposing of the mine. Proof thai .1e
party was not 9 citizen before disposlng OF MS
cisim must be afhrmAtively shown
Locators and intermediate owners. olne'
than applicants, will not be presumed Aliens,
in the absence of allegation or objection pf0i
TO issuance OF patent. -
The portion of Q mining claim sofa vs.
alien cannot be patented while such owner"
an alien; but on his declaration o oecoms'
citizen his right dates back TO bis purenssSs
sud he may thereupon secure United '"
patent for his claim.
cRoss DoR
Revised Statutes. Section 2,SS5: ....sct
where two or more lodges cross ORE ma
each other, priority Of title shall govern are
such prior location shall be entitled 70 sassr.
or mineral contsined within the spaeeo hsye
section. but the subsequent location sns ,ntar.
the right Of way through the epaceoanispt
section for the purpose OF the conv nora
working OF the mine. And where twoUa hall
veins unite the Oldest or prior ioesuo IN.
take the vein below the point OF uni0-'
GLIDING all the space OF intersection
Thara Ia M .utharfty Of law for 9 tnnn..